Class notes

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Department
Criminal Justice
Course Code
CJ 220
Professor
Professor Stone

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Criminology Notes – Spring Semester 2014 (CJ 220) Chapter One – Context and Consequences of Theory  Introduction  What is Criminology?  A scientific study of crime (observation, theory, prediction, experiment)  Inductive vs. Deductive  Inductive starts with observations, generalizations, and then forms a theory  Deductive starts with a theory, makes predictions and then experiments  What is Crime?  Legalistic: any act that violates the law (why do we have certain laws?)  mala in se vs. mala prohibita  consensus vs. conflict perspectives (laws because most people agree on what’s right and wrong vs. conflict between different societal groups)  Measuring Crime  Official statistics  Reported crimes only  Miss “the dark figure of crime”  Victim reports  National Crime Victimization Survey  Finds a lot of crime “missing” from statistics  Self-reports of offending  Youth surveys, drug use surveys  Criminological Theory  Theory: “a set of abstract, empirically falsifiable statements about reality”  Good theories are parsimonious (straight forward), broad in scope (explains a lot), logically consistent, testable, and empirically validated (makes sense).  Establishing causality:  Temporal ordering: X arrives before Y  Covariation: change in X results in change in Y  Nonspurious: change in Y is caused by X, not Z  Paradigms – big picture  Theories  Set of abstract falsifiable statements  Statements • Propositions (abstract) • Hypotheses (concrete) • Statements containing concepts ♦ Building blocks of theories; symbols ♦ Require definitions ♦ Operationalized for measurement/testing  Theories and Policy  Understanding why crime occurs is a prelude to developing strategies to control the behavior  Different theories suggest different ways of reducing crime (theory has consequences)  Inventing Criminology: Mainstream Theories  Classical school – rejected spiritual/religious explanations of crime. Emphasis on rational decision making – cost/benefit  Positivist school – scientific study of criminals; criminals and non-criminals are different (focuses on biological traits)  Chicago school – social circumstances play a role in crime; causation – focus on urban areas  Lead to the creation of control theory, and anomie/strain theory – called mainstream criminology (also political mainstream theories – did not challenge social order)  Social Turmoil and the Rise of Critical Theories  Mid 1960’s, scholars tried to understand conflict and power being involved in crime  Formed from civil rights/women’s rights movements  Labeling theory, conflict and radical theories, feminist theory, and white collar theories  Criminological Theory in Conservative Era  Reagan/Bush years – 1980’s; crime due to faults of the individual (considered conservative, crime rests in harsher sanctions)  Also saw development of routine activity theory and environmental criminology  Need motivated offender, absence of capable guardian, presence of suitable target all converging at the same time (basis of situational crime prevention)  Emergence of rational choice theory and perceptual deterrence theory (crime is a choice shaped by objective)  New directions in critical criminology  Criminological Theory in the 21 Century  Contemporary criminological theory is a mixture of old and new ways of thinking  Lack of clear ideological or political slant  New mainstream perspectives  Favor more middle range of practical efforts  Biosocial perspective and life course/developmental criminology  Conclusion  Why crime occurs – bodies, minds, social relationships  Theories matter; Ideas have consequences Chapter Two – The Search for the “Criminal Man”  Early theories – locate crime within individuals, not society  Spiritualism  Stressed conflict between good and evil, possessed by evil spirits  Methods:  Trial by battle: the victor/family of victor would prove themselves innocent  Trial by ordeal: life threatening, painful situations  Compurgation: reputable people would swear the innocence of offender under the oath  “Devil made me do it”  Penitentiaries for those who were sorry for their sins  Not scientific  The Classical School: Criminal as Calculator  Emphasis on individual weighing costs/benefits  Individuals guided by pain/pleasure principle  Punishment suited for offense  Basis of U.S. legal system – equal treatment under the law  Cesare Beccaria  On Crimes and Punishment – published anonymously  Social context  In Europe, once you were arrested, you have absolutely not rights  Beccaria’s Argument  1. Individuals give up some liberty in society  2. Criminal laws restricted in scope  3. Presumption of innocence should be guiding principle  4. Laws should be written clearly  5. Punishment based on retributive reasoning  6. Severity should be limited  7. Punishment should fit crime  8. Inflicted quickly and certain  9. Not administered to set an example; not concerned with reformation  10. Offender independent and reasonable  Certain, swift, severity  The Influence of Early Scholars  Ideas inspired revolutions – new legal codes  French Revolution of 1789 and Constitution based of Classical school  Criminal behavior by hedonism weakened  Aggravating/mitigating increased  No separate treatment for children  Did not answer what caused crime  The Positivist School: Criminal as Determined  Searching for facts using science; crime caused by multiple factors  Mind and body  Neglected social factors external to the person  Lombroso’s Theory of Criminal Man  “father of modern criminology”  A slave to facts  Explaining human behavior meant disagreement with free will and philosophy  Army physician – claimed disease contributed to mental/physical deficiencies; measured 3,000 soldiers  Tattooing was a characteristic  In 1876, On Criminal Man, biological and evolutionary focus  Lombroso’s Central Tenet  Criminals look a certain way  Criminals are degenerate – atavistic  Big ears, sloping foreheads, long arms, etc.  Four main categories:  1. Born criminals  2. Insane  3. Occasional/criminaloids – explained by opportunity  4. Criminals of passion – out of emotion  Other Explanations  Kaspar Lavater: facial features with behavior  Franz Joseph Gall: head shape could explain characteristics, phrenology  Lombroso’s Contributions  Give attention to multiple factor reasons  Away from spiritual and more towards scientific  Importance of examining records  Enrico Ferri  Theory of imputability and denial of free will  Attack on free will  Emphasized social factors  Raffaele Garofalo  Last major positivist  Practical solutions to concrete problems  Social Darwinism  Rules of nature are rules of right conduct, rules society  Pity: revulsion against violent infliction of suffering  Probity: respect for other’s property  Death to criminals  For lesser criminals, life imprisonment or overseas transportation  Favored “enforced reparation” and indeterminate sanctions  Goring  3,000 English convicts and a control group  No significant differences except for stature and body weight (criminals smaller, biologically inferior)  Individual Roots for Crime  Kretschmer – four different body types  Mohr and Gundlach  Similar observations  Ernest A. Hooten  Harvard anthropologist  1,700 criminals and non-criminals  Criminals inferior in physical appearance  Racism – “non-whites” inferior  Eugenics – breeding more white people  William Sheldon  Away from adults and switched to youths  Produced an index to delinquency to measure problems (10 being the most severe)  3 categories of physiques  Inherited  Sheldon and Eleanor Gluek  Compared delinquents with non-delinquents and found physical differences  Neglected importance of sociological phenomena  Psychogenic Causes of Crime  Seeks to explain crime by focusing on the personality  Psychoanalysis  Based off Freud’s work  Tensions between unconscious id and conscious ego  Superego – force of self-criticism that reflects the basic behavioral requirements of a particular culture  The Birth of Eugenic Criminology  1 popular American theory  Low intelligence Criminality  Intelligence is hereditary  Carrie Buck in Buck v. Bell  Basically called “stupid” and became a test case for sterilization  Groundwork laid at turn of century  Mendelian genetics  Weisman’s germ plasm theory: inheritance through germ cells, not acquired  British eugenist Havelock Ellis:  Two traits characterize a criminal: stupidity and cunning  Savages/lower animals (including women and children)  Henry Goddard – psychologist at training school for feebleminded children  “The Kallikak Family: A study in the heredity of feeblemindedness”  Looked at people/pedigree  Two branches: a bad one and a good one  IQ  Alfred Binet first pursued intelligence testing  Craniometric approach, but wasn’t supported by data  Commissioned to develop a test to help identify children who may need special attention  Devised “daily tasks” tests, they become more and more complicated, age associated, then subtract mental age from chronological age  1912: mental age ÷ chronological age  Binet’s purpose was to find students who needed more help  Intelligence is too complex for one test  Binet’s Three Principles  1. Practical, doesn’t define anything innate  2. Rough guide to find mental lacking children  3. Used only for improvement  Goddard Brings IQ to America  Used to segregate people  Viewed mental capability on a linear scale:  Imbeciles/morons: criminals, alcoholics  Simply dull: doing what comes naturally  Intelligent: elite, ruling “by right”  Equating Intelligence with Morality  Intelligence meant good  Differences between men and women  Promiscuity indicated feeblemindedness in women  Ergo, they should be sterilized  1910’s but took off in the 20’s with sterilization legislation  Carrie Buck in Buck v Bell  Test case for eugenics law  Prop – lawyer intended to lose case  Carrie was sterilized and released; her sister was involuntarily and unknowingly as well  M. Night Shyamalan twist; Carrie was never feebleminded  Normal level of intelligence  Bore illegitimate children from being raped  Constitutional rights violated  U.S. to Nazi Germany  Harry Laughlin – model eugenical sterilization law  Used by Nazi’s and Laughlin received an award from them  Forced Sterilization  Used through mid-1970’s  33 states had sterilization statutes – 60,000 people were sterilized  Usually women, and women of color  Scientifically Justified Forms of Control  “born criminal” stressed incapacitation  Rehab based on medical reasoning that viewed individuals as biological objects  Sterilization, lobotomies, electroshock  Other social policies  Immigration restrictions  Anti-miscegenation laws  Inspiration for Nazi Germany and Holocaust?  Nuremberg trials: points finger at America  Before WWII, America didn’t think about it seriously  Eugenics Genocide  The Positivist School and Criminal Justice Reform  positivist helped to approach policy of reform  drew from sociology and psychology  reformers called progressives argued for rehab  indeterminate sentencing  parole boards  probation  individual treatment  separate juvenile system  More humane or repressive?  DNA technology stores footprints  Violation of human right to privacy in Britain  Criminology not objective free Chapter 14 – The Search for the Criminal Man Revisited: Biological and Biosocial Theories  Introduction  By mid-1960’s biology lost influence  By mid-1970’s interests emerged in newer biological approaches  Lee Ellis – biological/biosocial  Specific genetic defect  Explosion of work on DNA  Human Genome Project  Ellis (1977) – biology over sociology  Calls begin for “general systems theory” approach to social theory to biological without falling to reductionism  Interdisciplinary  Biosocial theorists suggest biological traits interact with social environments to shape human behavior  Biosocial “broader/more powerful” paradigm  More major breakthroughs in biology  85% criminologists – strict environmentalists in 2000  Biosocial can be racist/sexist  Most biosocial criminologists reject the idea that biology translates into predestined fate  Three categories: Evolutionary psychology – Darwinism revisited  Cheater theory: some males have evolved “alternative reproductive strategies” to unconsciously ensure that their genes are passed on to succeeding generations  Dads vs. Cads  The R/K theory: creature approach to reproduction  R = large number of offspring; no attachments  K = slower but with attachments  Conditional adaptation theory: maintains that antisocial behavior is part of an overall adaptive response to an unstable or hostile environment  Alternative adaptation theory: some people inherit greater tendency of antisocial behavior  Evolutionary expropriate: all humans have equal potential; humans are genetically driven evolutionary; more biosocial than biological; traits assumed as ipso facto (advantageous); many psychologists study positive traits such as empathy and altruism  Neuroscience: Neurological/Biochemical Theories  Learning/conditioning affected by neurological/biochemical variants and the way the environment (including the womb) affect them. Known as polymorphisms  Mednick’s Biosocial Theory  Autonomic nervous system: less sensitive to environment stimuli which makes it less likely that they will develop responses necessary to inhibit antisocial behavior  An individual with a normal ANS will develop fear  Central Nervous System  Cortical immaturity hypothesis  Hypoarousal hypothesis – natural lower pulse, blood pressure, and doesn’t respond like normal people would  Fearlessness theory – lower levels of arousal and lower levels of fear  Stimulation theory – low arousal represents unpleasant psychological state. One seeks trouble to get arousal  Brain Development and Crime  New techniques such as MRI, CT, fMRI, PET, and SPECT can be used  Structural abnormalities of the brain are associated with dysfunctions in criminal activity  Violence is associated with frontal lobe dysfunction  Sex offenses are associated with temporal lobe dysfunction  Frontal – cognitive functions  Led to frontal lobe hypothesis  Fishbein came up with a theory that traces to the hypothalamic-pituitary-adrenal axis (HPA)  Deviant behavior due to head injury  Somatic marker hypothesis – lack of insight in decision problems  Biochemical Theories  Sex hormones/neurotransmitters are the focus  Sex hormone theory – relates testosterone amount to aggression  Evolutionary neuroandrogenic theory – testosterone lowers sensitivity to environment stimuli, which is conducive to “acting out” and emotional control  PMS and post-partum depression can affect women as well; Low levels of serotonin and dopamine, and high levels of norepinephrine  The main problem is identify
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